Title: RE: Religious faith as evidence of honesty or future dangerousness .:.


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[mailto:[EMAIL PROTECTED]]On Behalf Of Volokh, Eugene
Sent: Friday, November 12, 2004 9:06 AM
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Subject: Religious faith as evidence of honesty or future dangerousness
.:.


Let me suggest an analogy, one that is hardly on all fours but that I thought might be relevant:  As I understand it, rules of evidence generally bar the factfinder from considering a person's religiosity as evidence of honesty (setting aside the question whether membership in a particular group may show bias in particular cases).  Would the Establishment Clause likewise prohibit such consideration?  If so, wouldn't the same apply to considering a person's religiosity as evidence of other character traits, such as future dangerousness?  Or would it actually be fine for a jury to consider a person's being a devout churchgoer, alongside other factors, as evidence of his credibility?

 
Eugene

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